HomeMy WebLinkAboutCC ORD 1984-1812 AMENDING TITLE 7 PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE9 0
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ORDINANCE NO.
1812
AN ORDINANCE AMENDING THE NATIONAL CITY
MUNICIPAL CODE BY ADDING A NEW TITLE 7,
PROPERTY CONSERVATION AND COMMUNITY,
APPEARANCE CODE
BE IT ORDAINED by the City Council of the City
of National City, California, that there is hereby added
to the National City Municipal Code, a new Title 7, which
is to read as follows:
TITLE 7
PROPERTY CONSERVATION & COMMUNITY APPEARANCE CODE
Chapters:
7.02 General Provisions
7.04 Definitions
7.06 Abandoned Facilities
7.08 Environmental Conditions
7.10 Garbage and Refuse Collection
7.12 Accumulation of Junk
7.14 Litter, Debris and Rubbish
7.16 Graffiti Control
7.18 On -Street Activities
7.20 Outdoor Activities
7.22 Housing Conditions
7.24 Apartment House and Condominium Property Management
7.26 Vandalism and Security
7.28 Handbills and Billposters
7.30 Mosquitos and Flies
7.32 Enforcement
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CHAPTER 7.02
GENERAL PROVISIONS
Sections
7.02.010 Short Title
7.02.020 Statutory Authority
7.02.030 Purposes
7.02.040 Jurisdiction
7.02.050 Compliance with other Laws
7.02.060 Codes Conformance Officer
7.02.070 Related Muni Code Regulations
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7.02.010--7.02.070
Section 7.02.010 Short Title
Title 7 is known as the Property Conservation Code (PCC) or Property
Conservation and Community Appearance Code (PC & CAC).
Section 7.02.020 Statutory Authority
California Administrative Code
California Government Code
California Health and Safety Code
California Penal Code
California Streets and Highways Code
California Vehicle Code
Other enabling legislation enacted by the State. of California
The National City Municipal Code
Section 7.02.030 Purposes
It is the purpose(s) of Title 7 to provide for the systematic and
orderly regulation of activities affecting the usefulness, quality,
appearance and protection of private and public property and the living
environment of the community, to stem and dissuade the proliferation
of blight, to stabilize property values through property maintenance
and up -keep, to enhance the community image as a safe and desirable
place to reside, and to achieve a workable inter -relationship and
common effort among the various City departments in these endeavors.
Section 7.02.040 Jurisdiction
Title 7 applies to the entire corporate limits of the City of National
City, except federal military reservations.
Section 7.02.050 Compliance with other Laws
Nothing in Title 7 excuses required compliance with any other law or
regulation.
Section 7.02.060 Code Conformance Officer
See Section 7.32.010. The Code Conformance Officer(s) is not a
policeman, police officer or sworn peace officer.
The Code Conformance Officer is an employee of the City having authority to
investigate reports of Muni Code violations, to give appropriate
warnings to violators, to issue citations and to take other steps
necessary for the fulfillment of the City's Muni Code enforcement
programs.
Section 7.07.070 Related Municipal Code
See Section 7.04.030
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CHAPTER 7.04
DEFINITIONS
Sections
7.04.010 Supplementary Affect
7.04.020 Chapter Definitions
7.04.030 General Definitions
7.04.040 Interpretation
' 7.04.010--7.04.040
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Section 7.04.010 Supplementary Affect
These definitions pertain to the context of NCMC Title 7. They
supplement the definitions included in Section 1.04.010, the
definitions contained in the respective codes attached to Title 7
and the definitions included in the respective Chapters of this
Title.
Section 7.04.020 Chapter Definitions Prevail
Where inconsistency or conflict occurs between the definitions in
this Title and any other NCMC definitions, Title 7 shall prevail.
Section 7.04.030 General Definitions
The following words, phrases and acronyms, whenever used in this Title,
shall be construed as defined in this Chapter unless from the context
a different meaning is intended or unless a different meaning is
specifically defined and more particularly directed to the use of such
words, phrases or acronyms.
A. CCO. The Code Conformance Officer(s) of the City of National City.
B. CCP. The Code Conformance Program of the City of National City
embodied in this Title and supplemented by both management and
legislative policies.
(7 C. Conservation Code. An abbreviation for "Property Conservation and
Community Appearance Code".
D. LUC. NCMC Title 18, Land Use Code.
E. Muni Code. The National City Municipal Code.
F. NCMC. Same as Muni Code.
G. PCC . Property Conservation Code (Title 7).
H. PC and CA (PCCAC) Title 7 - Property Conservation and Community
Appearance Code.
I. UBC. Uniform Building Code.
J. UFC. Uniform Fire Code.
K. UHC. Uniform Housing Code.
L. "Woblers". The option of citing code violations as either infractions
or misdemeanors.
Section 7.04.040 Interpretation
Whenever there is uncertainty or ambiguity in the meaning of any part
of Title 7 , the City Attorney will address those questions and set forth
an interpretive opinion that will be binding. Where such interpretations
embrace questions of policy rather than law, the City Council will
make such interpretations.
The routine interpretation,comprehension and application of Title 7 rests
with the CCO.
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CHAPTER 7.06
ABANDONED FACILITIES
Non -codified list of
cross-references:
Abandoned Wells - NCMC Chapter 14.20
Abandoned Vehicles - NCMC Chapter 11.48
Abandoned Construction Work NCMC Section 15.08.040
Removal of Signs from Abandoned Buildings - NCiiC Section 18.62.060
Uniform Building Code - NCMC Title 15
Uniform Code for Abatement of Dangerous Buildings
Uniform Fire Code
Abandoned Appliances - California Penal Code
Sections
7.06.010
7.06.020
7.06.030
7.06.040
7.06.050
7.06.060
Definitions
Abandoned Appliances
Vacant or Abandoned Buildings
Site Restoration
Barricading Damaged Buildings
Abandoned Furniture and other Materials
7.06.010--7.06.030
Section 7.06.010 Definitions
Whenever in this Chapter the following terms are used, they shall be
deemed and construed to have the meaning ascribed to such terms in
this section:
A. "Abandoned" means an untenanted or deserted building or place
that because of its physical condition or attraction to nuisance
threatens the surrounding neighborhood because it is a target for
vandals, a refuge for vagrants, a breeding place for fires or is
becoming a victim to the elements to a degree that is derelict.
Any building that is untenanted is "vacant". Tenanted means the
substantial physical presence of persons and their belongings.
A building may be presumed to be vacant when there is convincing
evidence of the absence of tenants.
7.06.020 Appliances. It shall be a misdemeanor to place or
allow to be placed outdoors, any appliance of the type described in
California Penal Code Section 402b, without first taking the pre-
cautions set forth therein.
The Code Conformance Officer or any policeman or fireman, after
attempting to give reasonable notice to the person believed to be
responsible for such placement or to the property owner, may have
the offending appliance(s) removed to a convenient impound yard.
The owner of such appliance(s) will then be required to reimburse
the City for all transport and storage costs before the property will
be released. Failure to make such payments within 90 days of the
date of impound will authorize the City to dispose of the property
at public sale in the same manner as provided for by the California
Government Code.
Such officers of the City are empowered to enter the premises
and to take immediate action without notice to seal, secure or modify
such appliances sufficiently to prevent access by children.
7.06.030 Vacant or Abandoned Buildings. All vacant or aban-
doned buildings shall be substantially barricaded in a manner pre-
venting unauthorized entry.
All gas and electric utility services shall be disconnected
within five days of vacation. Reconnections will require approval
by the Department of Building & Safety.
After giving or attempting to give reasonable notice to the
owner of vacant or abandoned buildings, the Director of Building and
Safety may direct the Public Works Department to install such barri-
cades. The cost thereof shall be paid by the property owner to the
City before the building is reoccupied. Such costs may be added to
the repair and/or demolition costs outlined in the adopted Uniform
Code for the Abatement of Dangerous Buildings, if any.
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7.06.030--7.06.060
Unauthorized entry into or occupancy of a vacant or abandoned
building is prohibited.
A vacant or abandoned building may be determined by the City
Manager to be an attractive nuisance, and as such, an unsafe place
to enter. Notices to that effect may be attached, served and posted
by the Director of Building and Safety as on any other unsafe building.
The provisions of the Uniform Code for Abatement of Dangerous
Buildings may also be used for achieving the demolition of buildings
that have been vacant for more than five years, wherein the Director
of Building and Safety finds that the cost of rehabilitating the
structure exceeds the value of the structure.
The Fire Chief is authorized to administer the provisions of
this Section, during absences of the Director of Building and Safety,
when urgency dictates.
This Section does not pre-empt any other City Code.
7.06.040 Demolition Required. All work requiring a Demoli-
tion Permit pursuant to Title 15 of this Code is deemed to include
the required removal of all foundations and basements and restoring
the site to natural condition. Such restoration is required. Failure
to comply with such a permit or any order by the Director of Building
and Safety is a violation.
This regulation will be retroactive from the date of adoption
with a minimum abatement period of one year following the giving of
Notice by the Director of Building and Safety. Abatement will then
follow the procedure set forth in the Uniform Code for the Abate-
ment of Dangerous Buildings.
7.06.050 Evacuating and Barricading Damaged Buildings. The
Director of Building and Safety may order and/or accomplish the
immediate evacuation and barricading of any building thought to be
structurally damaged by seismic activity, wind, tsunamis, flooding,
decay, structural failure, dysfunction of sanitation systems or in-
festations of insects or vermin wherein persons therein would be
endangered.
7.06.060 Abandoned Furniture and other Materials. Any fur-
niture, appliances, clothing, signs, or new or used materials of any
sort placed upon private property without specific permission of the
property owner or tenant, or upon public property without specific
permission of the agency to whom the property belongs, is deemed to
be abandoned.
Property owners including public agencies, upon giving reason-
able notice to the owners of such materials where that is possible,
may take possession of such abandoned materials and dispose of there.
--7.06.060
Upon receipt of notice by the City that abandoned materials are
present on private property, the owners of both the materials and
the property shall promptly remove them. Failure to comply with such
notice is a violation of this Code.
Chanter 7.08
ENVIRONMENTAL CONDITIONS
Non -codified list of
cross-references:
Noise - NCi!C Title 12
Billboards Near Freeways - NCMC 9.32.020
Environmental Review and Compliance - NCMC Chapter 18.138
San Diego County Health Regulations
San Diego County Air Pollution Control Regulatibns
California Health and Safety Code
Sections:
7.08.010
7.08.020
7.08.030
7.08.040
7.08.050
Odor
Poisons
Hazardous Substances
Spraying and Sandblasting
Compost piles
7.08.010--7.08.050
7.08.010 Odor. The prolonged emission of odor that noticeably
exceeds the odor threshold on any adjacent residential property is
a violation. "Prolonged" shall mean, but is not limited to, any
period of more than five minutes in any hour.
The emission of noxious odors outdoors determined by medical
practitioners to be causing discomfort, pain or severe breathing
inhibitions to any person at any time is a violation and may be deter-
mined by the City Manager to be a public nuisance. Thereafter, the
Director of Building and Safety is empowered to order the immediate
disconnection of public utilities which in any way contribute to such
emissions and to take necessary and prudent action to contain such
emission. He may enter the property for that purpose.
7.08.020 Poisons. Causing or allowing the outdoor storage,
emission, migration or dissemination of any substance found by the
County Health Officer to be virulent poison is a violation. The
Fire Chief is empowered, after giving reasonable notice to the pro-
perty owner or person responsible, to enter the property and make
emergency containment or removal of such poisons, sufficient to pre-
vent harmful contamination of the environment. The costs of such
emergency work shall be paid by the property owner or person respons-
ible, pursuant to the Uniform Code for the Abatement of Dangerous
Buildings.
7.08.030 Hazardous Substances.
7.08.040 Spraying and Sandblasting. It is a violation of this
Code for any person to cause or allow the migration of sprayed paint,
sandblasting compounds or similar industrial materials, including
toxic insecticides, or any other noxious substance onto any public
property or onto the private property of any other person without
making 'reasonable attempts to prevent the migration of such sub-
stances.
7.08.050 Compost Piles. It is a violation to operate, main-
tain or permit any horticultural agricultural or botanic "composit
pile, pit, bin or heap" that in any way produces odor that exceeds
the odor threshold (for definition of "odor threshold" see Section
7.10.010E) upon the residential property of any other person.
CHAPTER 7.10
GARBAGE AND REFUSE
Non -codified list of
cross-references:
Waste Matter Defined - NCMC 9.12.030
City contracts with private disposal firms for the collection of
garbage and refuse. Copies are on file in the office of the City
Clerk.
California Health and Safety Code
San Diego County Health Regulations
City Council Resolution No. 7923
Sections
7.10.010
7.10.020
7.10.030
7.10.040
7.10.050
7.10.060
7.10.070
7.10.080
7.10.090
7.10.100
7.10.110
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7.10.120
7.10.130
7.10.140
7.10.150
7.10.160
7.10.170
7.10.180
7.10.190
Definitions
Collection Required
Burying or Burning Prohibited
Receptacles Required
Receptacles Regulations
Mixing Garbage and Refuse
Cleanliness of Receptacles
Enclosure Required
Enclosure Regulations
Retroactive Enclosure Requirements
Placement of Receptacles and Enclosures
a) On -site
b) On -street
Hours
Clean-up After Pick-up
Odor
Scavenging Prohibited
Interference with Collection
Dumping
Hauling through City
Repeals
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7.10.010--7.10.020
7.10.010 Definitions. Whenever in this chapter the following terms
are used, they shall be deemed and construed to have the meaning ascribed
to such respective terms in this section:
A. "Commercial Unit" includes each building and space primarily used
for distributing and selling goods, wares, merchandise and services.
B. "Garbage" means organic refuse and waste or fruit vegetable and animal
matter prepared and intended for human consumption, and not so used.
C. "Manufacturing Unit" includes each building and space primarily
used for producing and making, processing or warehousing goods, wares and
merchandise.
D. "Multiple Residential Unit" includes:
1. Each building having two or more spaces primarily used as a
separate family dwelling; or,
2. Two or more residential units situated on one lot.
E. "Odor threshold" means the lowest concentration of odorous matter
that produces an olfactory response in normal human beings. Odor thresholds
shall be determined in accordance with the American Society for Testing
Materials Test Method D 1391 -57 (reconfirmed to 1967) or in an equivalent
manner acceptable to the CCO.
F. "Public Dump" or Public Dumping Ground" is any parcel or plot of
ground on which garbage or combustible or noncombustible rubbish not
originating therein is deposited either with or without permission of the
owner of such parcel or plot of ground, and with or without compensation
being paid to the owner for the privilege of depositing such material;
G. "Residential Unit" includes each building and space primarily used
as a dwelling.
H. "Rubbish" means refuse and waste material, whether combustible or
noncombustible, not included within the definition of garbage as herein
defined, including but not limited to paper, rags, leaves, glass, cans,
ashes, tree and vine trimmings. It shall not include plaster, rock sand,
dirt, automobile frames or fenders, or waste material pertaining to building
operations, construction or repair. It shall not mean discarded water
heaters or furniture.
7.10.020 Collection Reauired. Violations.
A. Every dwelling, commercial or industrial establishment and
all other private properties where garbage or refuse is generated, shall
be provided with regular collection service by the refuse collection
contractor designated by the City Council or by alternate means approved
by the City Council. This responsibility rests upon the principal person
in charge of the premises, lessee, tenant or owner occupant. Where a
determination of the principal person cannot be readily made, that respon-
sibility rests with the property owner. It is unlawful for any person:
B. To keep or permit to accumulate any garbage or rubbish on any
premises under the control of or in the possession of such person.
7.10.030--7.10.050
7.10.030 Burying or burning prohibited. It is unlawful for any
person to bury or burn, or cause to be buried or burned, any garbage or
rubbish, on property owned by or under the control of that person upon
any public street, alley, public place, vacant property or upon any pre-
mises within the city.
7.10.040 Receptacles required.
A. It shall be the duty of every tenant, lessee or owner -occupant
of any private dwelling house, and of every other person having garbage and
rubbish to provide and keep within the private property and on the same
premises suitable and sufficient containers for the accumulation of garbage
and rubbish during the interval between pickups without causing or allowing
public or private property to become littered.
B. Storage. All garbage and rubbish shall be stored in such a manner
that no portion of the material can be transferred off the lot by natural
forces and will not be attractive to rodents or insects. The area for storage
shall be located in accordance with Land Use Code regulations and screened
from view from public ways and adjoining lots as provided for herein.
C. All garbage created or produced in the City shall be disposed of by
an approved type waste disposal system or deposited in a container or containers
of a type approved by the Director of Public Works. Such receptacles shall
be provided by and at the expense of the person producing or accumulating
such garbage, and shall be kept in the rear of the premises, except that such
garbage receptacle may be placed upon the street or alley where collection
of such garbage and rubbish is made subject to Section 7.10.120.
7.10.050 Garbage and rubbish containers.
A. Receptacles for the containment of garbage or rubbish placed for
collection by city's rubbish collection contractor shall comply with these
limitations;
1. They shall have the capacity of no more than 40 gallons in volume.
2. Their weight shall not exceed 50 pounds when filled.
3. Reusable rigid containers or cans shall be constructed of non -absorbent
and corrosion resistant materials and should be easily cleanable.
4. The diameter of the can's opening shall be no less than the diameter
anywhere below the top and the can should be tapered to facilitate discharge
of compacted waste when the container is inverted.
5. The interior of the can shall be smooth, without projections which
would interfere with emptying the contents.
6. The can shall have no cracks, holes or jagged edges which could injure
collection personnel.
7. The can shall be fitted with handles located directly opposite one
another on the sides of the container for easy lifting.
8. Cans shall be equipped with covers or lids which are tight -fitting
to resist the intrusion of water and vectors.
9. They shall be designed so that they cannot be tipped over easily.
10. Single -use plastic and paper bags must be only those manufactured
expressly for solid waste storage and shall meet the standards of the National
Sanitation Foundation as to thickness and bursting strength.
11. Containers of waste which have been compressed into bales and set
out for collection shall meet the above criteria as appropriate.
7.10.050
B. Commercial dump -type receptacles (bins) shall meet the
minimum specifications established by City's rubbish collection
contractor. They shall be maintained in good working order and
shall be kept clean and sanitary. Such bins shall be equipped
with solid, non-combustible and closeable lids that are sufficient
to contain a fire within the bin. It is a violation to place any
sort of liquid wastes into a bin unless they are contained in
leak proof vessels.
C. Other terms and conditions by which rubbish and garbage
may be removed from residential, multiple residential, commercial
and manufacturing units, shall from time to time be fixed by the
City Council by resolution duly passed and adopted. Those terms
and conditions may include, but are not limited to, provisions
as to the types and sizes of garbage and rubbish containers and
method, hours and place of collection of garbage and rubbish.
The City Council, within its discretion, may establish separate
and different terms and conditions for residential units, for
multiple residential units, for commercial units and for manufac-
turing units.
D. Preparation of refuse for collection --Alternate methods.
1. Use of plastic or paper bags manufactured expressly for
waste storage may be placed for collection if securely tied with
wire, plastic or string, and if of such thickness and bursting
strength as to resist punctures and tears.
2. Securely -tied cardboard containers may be placed for
collection and used on a one-time basis.
3. Newspaper and/or flattened cardboard boxes may be placed
for collection outside receptacles if they are stacked and securely
tied in bundles of not more than sixty (60) pounds in weight,
each.
4. Brush and limbs of trees may be placed for collection
outside of receptacles in tied bundles not more than four (4) -
feet in length, not more than eighteen (18) inches in diameter,
and not more than sixty (60) pounds in weight each.
E. Garbage receptacles to be kept covered. No person shall
permit a garbage receptacle to remain uncovered or open, or in
such condition that flies or vermin may obtain access thereto,
except when necessary to place garbage therein or remove therefrom;
for such purposes covering shall be immediately replaced.
F. It is unlawful for any unauthorized person to place any
discarded material in, upon or near any receptacle, container
or bin.
7.10.060--7.10.080
7.10.060 Mixing Garbage and Refuse.
A. Garbage and refuse in same container. It shall be unlawful
for any person to keep, accumulate or permit to be kept or accumu-
lated any garbage in or upon any public or private place unless
the same shall be drained and securely wrapped and placed in con-
tainers having a close -fitting cover such as herein specified,
which shall be kept closed at all -times except whenn to
the samebe
filled or emptied. Garbage and rubbish may be placed
irefuse container in accordance with the above provisions. Mixed
garbage and refuse is not permitted in any dump -type collection
bin that does not have a fully operable, fly proof, self- closing
lid.
B. Dangerous and infected substances. No person shall place
or deposit in any solid waste receptacle for collection pursuant
to the provisions of this Chapter any unbroken and exposed hypo-
dermic needles, medicines, pills, poisons, caustic acids, oils,
explosives, or similar dangerous substances which might cause
human injury or harm.
C. No person shall place or deposit in any solid waste recep-
tacle for collection pursuant to the provisions of this Chapter
wearing apparel, bedding, or other articles from any home or place
where any infectious or contagious disease nas prevailed.
7.10.070 Cleanliness of Receptacles. All refuse containers
shall be kept clean, sanitary and portable by the owner or person
using the same.
7.10.080 Enclosures Required.
A. Compliance. Enclosures for garbage cans and trash recep-
tacles. Unless specifically waived by the Planning Commission
pursuant to finding that the use does not. generate a need for
exterior trash receptacles, all automobile garages and service
stations, retail stores, restaurants, and other commercial uses,
hotels and motels, multiple family residences and manufacturing
uses shall provide an adequate trash storage space which does
not interfere with required automobile parking and circulation.
All garbage can and trash receptacle areas, having maximum cumula-
tive capacity of more than 60 gallons, whether required herein
or not, shall be adequately screened from abutting properties,
streets and alleys. Such screening shall comply with the design
guidelines shown on Table I. Lids or tops may be required where
necessary to achieve the intent of this Section.
B. All storage and disposal facilities shall be screened
from all public view. In the residential, commercial and institu-
tional zones such screening shall be of solid masonry construction
TABLE I CITY OF V,4TIOfdAL CITY: PROPERTY CONSERVATION CODE:
TRASH ENCLOSURE REGULATIONS
Trash Enclosures located a d ccastr.:cted in accordance with the fcL' o•.ri ng standards are
required for every commercial, industrial, multi7le dwelling or E cup i e c_"'e"t .
due._ o d_r ��...__.,,.
Constriction: As deed on the folic -win::
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2. Each location mast be approved by the City pursuant to Site Plan Review.
Conflicts with residential units and parking areas must be avoided. If
located adjacent to a parking area, the area in front of the enclosure
opening shall be clearly marked "NO PARKING". All enclosures shall be
located to face the emptying of bins by disposal service equipment.
3. Trash receptacle storage areas shall be of
obscuring gates and of a height sufficient
Minimum container size is 30 gallons. For
eeptacle (s) shall be located not more than
unit.
masonry construction with view
to conceal containers used.
rrn ltiple family use, the re-
250 feet from the farthest
4. See Sections 7.10.080, 7.10.0S0 and 7.10.110 other c1isign and use regu-
lations.
7.10.080--7.10.110
with self -closing sturdy gates of view -obscuring materials. Design
location and accessibility shall be subject to site plan review.
C. Any building or structure or portion of building or struc-
ture used for storage of rubbish and waste shall contain an
approved floor drain connected to the public sewer system.
7.10.090 Garbage and Refuse Container Storage Areas
(Enclosures), Maintenance.
A. All provisions of this chapter pertaining to garbage
and refuse containers apply to enclosures wherein such containers
are placed. Enclosures shall be maintained in a clean and sanitary
condition at all times. Graffiti shall be promptly removed. Gates
shall be maintained in an operable condition at all times and
shall remain closed whenever they are not in use. Enclosures
shall not be used for any other purpose. The person responsible
for maintaining the garbage and refuse containers in enclosures
is responsible for maintaining the enclosure and the surrounding
area. This shall include the immediate removal of over -filled
containers. Failure to effect such removal is a violation.
7.10.100 Abatement of Lawful Non -Conforming Enclosures
or Facilities.
A. All multiple family, commercial and industrial uses with
outdoor areas used for storage or placement of garbage or rubbish
containers of any kind are required to have suitable enclosure
pursuant to Section 7.10.080. Wherein any use existing on the
date of adoption of this ordinance does not comply, it shall enjoy
lawful non -conforming use status. Within a period of three years
thereafter, the non -conforming features shall be abated by
either termination or construction of permitted enclosures.
Failure to comply is a violation.
B. Where the Planning Director finds, pursuant to Site Plan
Review, that the only reasonable locations for such enclosures.,
are within required off-street parking spaces, he is authorized
to allow an encroachment. If such encroachment reduces the number
of available parking spaces to less than minimum land use code
requirements, such encroachments shall have priority. No violation
of the parking regulations will ensue.
7.10.110 Placement.
A. Enclosures and receptacles on -site. Enclosures and re-
ceptacles shall not be placed on any private property within a
required yard area or within 10 feet of any window of any dwelling
unit or within five (5) feet of any combustible wall.
B. Placement of garbage and rubbish receptacles for collec-
tion. Rubbish and garbage which is to be collected shall be placed
within ten feet of the curb line of the public street or if there
is no such curb, within ten feet of the surfaced portion of the
7.10.110--7.10.160
public street; in the event that the rubbish garbageor abe re o
be collected from a public alley, the receptacle P1 aed
within ten feet of the edge of the right-of-way
oru
of
such
alley.
e
In no case shall such receptacle be placed withinupon astreet
or alley roadway, upon any sidewalk in a manner that would
interfere with pedestrians.
C. Curb cuts authorized. When no other access is available,
the the City Engineer may issue permits to cut a portioncurb
allow receptacles to be moved into the street for collection.
7.10.120 Hours for Placing Containers on Public Rights -of -
Way.
A. Between refuse collection days all containers shall be
kept on private property.
B. No container shall be placed out at the curb or alley
or within any public right-of-way prior to 4:00 P.M. on the day
prior to scheduled collection. Containers shall be removed prior
to noon on the day following collection day.
7.10.130 Clean-up After Collection.
A. No person, including a contractor authorized to collect
garbage and rubbish, shall drop, spill or permit garbage to fall
upon private grounds or public streets in the City.
B. Persons responsible for placing containers within public
rights -of -way for collection are also responsible for the clean-up
of any spillage or debris resulting from such placement or from
collection activities.
7.10.140 Odor. It is unlawful to keep or maintain any
garbage or refuse under any conditions whereby the materials yield
any odor that exceeds threshold (for definition of "odor threshold"
see Section 7.10.010E) within any dwelling unit on the same or
adjacent properties.
7.10.150 Scavenging Prohibited. No person, other than
the owner thereof, or an employee of the City, or a person holding
a contract with the City for the collection of garbage and refuse
shall interfere in any manner with any garbage or rubbish recep-
tacle or the contents thereof, or remove any such receptacle from
the location where the same was placed by the owner thereof, or
remove any of the contents from any such receptacle. Prior to
citing an individual for a violation of this Section, a warning
shall first be given.
7.10.160 Interference with Collection Prohibited. It is
unlawful for any person, firm or corporation within the City to
hinder access of the collectors to the garbage or rubbish contain-
ers.
7.10.170--7.10.180
7.10.170 Dumping Prohibited.
A. Placement of rubbish in ditches or on public or private
property. No person shall deposit or place in any ditch, arroyo,
or storm drain, or upon any street or park without first obtaining
a permit therefore from the Public Works Director, or upon any
lot belonging to another, or upon his own lot in such a manner
that the same is or may become a nuisance, any bailing wire, tin
cans, brush, tree trimmings, ashes, earth, dirt, stones, paper,
dead animals, garbage, rubbish, refuse or any other kind of matter.
B. Permit to operate public dump required. No person shall
maintain or operate a public dump without first obtaining from
the City Council a written permit to do so.
C. Liability for clean-up of spilled, deposited or abandoned
matter. Any person who spills, deposits or abandons any matter
whether intentionally or unintentionally on any highway or public
or private property so as to impede or impair the normal use there-
of or so as to create a condition which requires the property
to be cleaned or cleared shall, in addition to any other penalty,
be liable for the payment of the cost of any and all expense neces-
sary to clean or clear the property of such matter and to restore
the property to its natural or former condition.
7.10.180 Hauling Through City.
A. Transportation of garbage. No person shall carry, convey
or transport garbage through any street, alley, or public place
in the City, unless such person is an employee of the City in
performance of his duties, or employee of a person or firm holding
a contract with the City for the removal of garbage, or is the
owner of the premises on which such garbage was created.
B. Permit to bring rubbish or garbage into City. No person
shall bring, carry, transport or convey into the City, any rubbish
or garbage, or -place, deposit, leave, dump, bury or burn the same
upon any property within the City, notwithstanding that the owner
of such property consents thereto, unless person first has applied
for and received from the City a permit in writing to do any or
all of the acts in this Section enumerated.
C. Covering required. Any rubbish or garbage being hauled
through the City shall be contained within a vehicle or covered
by a tarp or other suitable covering.
C
Non -codified list of
cross-references:
(
Sections
7.12.010
7.12.020
7.12.030
7.12.040
7.12.050
7.12.060
7.12.070
7.12.080
7.12.090
CHAPTER 7.12
ACCUMULATION OF JUNK
Definitions
Accumulation Deemed Public Nuisance
Accumulation Prohibited
Storage of Junk Permitted
Regulations
Retroactive Regulations
Junk Yards
Enforcement
Abatement
7.12.010--7.12.040
7.12.010 Definitions. "Junk" means any combustible or noncombustible
nonputrescible waste, including but not limited to trash, refuse, paper,
glass, cans, bottles, rags, fabrics bedding, ashes, trimmings from lawns,
shrubbery or trees, except when used for mulch or like agriculture purposes,
household refuse other than garbage, lumber, metal, plumbing, fixtures, bricks,
building stones, plaster, wire or like materials, from the demolition, altera-
tion or construction of buildings or boat parts, plastic or metal parts or
scraps, damaged or defective machinery, whether or not repairable, and damaged
or defective toys, automotive equipment, recreational equipment or household
appliances or furnishings, whether or not repairable.
7.12.020 Accumulation deemed public nuisance. The outdoor accumulation
of junk contrary to this chapter is declared to be a public nuisance.
7.12.030 Accumulation prohibited. No person shall accumulate junk or
permit junk to be accumulated, or stored outdoors or permit the storage there-
of, on any portion of a lot or parcel of land except as otherwise provided in
this chapter.
7.12.040 Storage of junk prohibited. No person shall store junk:
A. On any lot that is not in his ownership or possession, unless he has
permission from the owner of such lot to do so;
B. On any lot used for residential purposes, unless done in strict com-
pliance with Section 7.12.050 and Subsection "F" below.
C. On any parcel of land adjacent to a lot used for residential purposes,
except:
1. As a part of and incident to a lawfully established and conducted
commercial or industrial enterprise, or;
2. When done in strict compliance with Section 7.12.050.
D. On the roof of any building or structure.
E. This chapter does not prohibit the accumulation or storage of used
lumber, lumber scraps and/or materials fabricated out of wood for use as fire-
wood or fuel ; provided, however, that any sdt accumulation shall be neatly stacked
and shall be maintained in accordance with the provisions of Section 7.12.050;
and provided further, that the components of such an accumulation shall be
sawed or otherwise reduced in size so that no piece thereof exceeds 36" (thirty-six
inches) in length or one foot in width.
F. This chapter does not prohibit the temporary storage of junk on pro-
perties used for commercial or industrial activities for a reasonable time
prior to disposal thereof in a public dump or other place where disposal can
lawfully be made. Such storage is limited to materials originating on the
premises and not brought there from any other place. No item or accumulation
of junk shall be kept outdoors on the premises for a period of more than thirty
(30) days. See also 7.12.050 B.
G. On a lot or parcel of land improved with residential buildings or
occupied by a bona fide residence, the person occupying such residence may
store junk on the rear 1/3 of that lot or parcel for a period of not more than
30 days where that junk was not brought there but which was accumulated through
normal activities of household uses on the same premises; provided, that such
person may store materials of a noncombustible and nonputrescible character in
a building upon the premises.
7.12.050--7.12.090
7.12.050 Regulations.
A. No person shall accumulate junk or permit junk to be stored or
accumulated on a lot used for residential purposes or on a lot adjacent to
a lot used for residential purposes:
1. Within four feet of any building or structure, except that
junk may be accumulated within two feet of a fence or wall which is cons-
tructed of nonflammable material and is not used for structural support of a
building;
2. Within ten feet of any side lot line;
3. Within fifteen feet of any rear lot line;
4. Within the front yard or within the exterior side yard of a
corner lot.
5. The accumulation shall not be maintained so as to be conducive
to the breeding, shelter or harborage of insects, rodents, vermin or pests;
6. The accumulation shall not be strewn about or maintained in an
unsightly condition;
7. The accumulation shall be maintained so as not to constitute a
fire hazard;
8. Any accumulation of junk maintained on a lot for more than
thirty days shall be stored in opaque containers;
9. The accumulation shall be maintained so as not to constitute a
danger or potential danger to the public health, safety or welfare.
8. This section also applies to rooftop areas (See 7.12.040D).
7.12.060 Retroactive regulations. Within two years of the effective
date of this chapter every person ovning orin possession of land on which there is
an accumulation of junk which does not conform to the provisions of this
chapter, shall remove such accumulation of junk or bring such accumulation
of junk into conformity. Failure to comply is a violation.
7.12.070 Junk yards. This chapter does not prohibit the accumulation
and temporary storage of junk in the course of the lawful operation of a
motor vehicle storage or impound yard, or salvage yard conducted in a manner
authorized by the Land Use Code or by this code. Nothing contained in this
chapter shall be deemed to authorize the establishment or maintenance of a
junk yard, motor vehicle storage or wrecking yard, or salvage yard.
7.12.080 Enforcement. The provisions of this chapter are subject to
the enforcement regulations setforth in Chapter 7.32 of this Title, whether
or not abatement action is pursued subject to Section 7.12.090, et seq.
7.12.090 Abatement.
A. If the Code Conformance Officer determines that an accumulation of
junk exists in violation of this chapter, he may give written notice and an order
to abate to the owner or to the occupant of the premises, or if such person
cannot be located on the premises to any person over the age of eighteen
years who is apparently in possession of the premises, or if there is no such
person, then by mailing such written notice and order by certified mail with
return receipt requested, to the person shown to be the owner by the latest
equalized assessment roll or any more recent record in the office of the
County Assessor. Such written notice and order shall be substantially in
the following form:
"You are hereby informed that the Code Conformance Officer of the City
of National City has determined that there is an unlawful accumulation of
junk, contrary to NCNC Title 7 on the following premises'
(Street address or other designation of premises)
7.12.090
"You are hereby ordered to remove said accumulation of junk from said
premises within days from the date of this Notice and Order or,
alternatively, and within the same period of time, to bring said accumula-
tion of junk into conformity with the requirements of said Title 7. You
are hereby advised of your rights to appeal from this Notice and Order by
filing an appeal in writing, with the City Clerk of National City within
days of your receipt of this Notice. Failure to comply with this
Notice and Order in the absence of an appeal constitutes a violation."
B. Any person served with a notice and order made pursuant to Section
7.12.080 may appeal to the City Council as provided in Section 7.12.100 and
such appeal shall stay the effect of such notice and order until the City
Council hears the appeal and issues its order modifying, vacating or affirm-
ing such notice and order. Such appeal and stay of the Notice and Order
shall not relieve any person from liability or responsibility, criminal or
civil, for maintaining an unlawful accumulation of junk and shall not stay
or prevent the filing or prosecuting of a criminal or civil action for the
maintennace of such unlawful accumulation of junk.
C. Within a period of three days (exclusive of Saturdays, Sundays and
legal holidays), or the time otherwise specified in the notice, following
the service of written notice and order by the Code Conformance Officer, the
person ordered to remove the accumulation of junk may file with the City
Clerk a written appeal from such notice and order. Such appeal shall contain
the appellant's name, mailing address and a general statement of exceptions
taken by the appellant to the notice and order. Upon receipt of an appeal,
the City Clerk shall immediately notify the Code Conformance Officer and
shall set such appeal for hearing before the City Council. Such clerk shall
forthwith give written notice of the time, date and place of hearing to the
Code Conformance Officer and shall send a copy of such notice through the
United States mail to the appellant at the address specified in the appeal.
Personal service is an adequate alternative. Where acceptance of such mail
delivery or personal service is refused, Notice may be given by posting a copy
thereof in a prominent place at or near what seems to be the main entrance
of the premises. At the time, date and place indicated, the Code Conformance
Officer shall produce evidence of the existence of the unlawful accumulation
of junk which is the subject of his notice and order. The appellant may
likewise produce relevant evidence. The City Council shall consider all
relevant evidence produced at such hearing and, if it finds by the preponder-
ance of the evidence that there is in fact an unlawful accumulation of junk,
it may declare the same to be a public nuisance. The determination that such
accumulation of junk constitute a public nuisance shall be supported by such
findings as are necessary and proper, which findings need not be reduced to
writing unless the appellant so requests at the hearing. Upon determining
that a public nuisance exists, the City Council may order the abatement
thereof upon such terms and conditions as it deems reasonable and just under
the circumstances, or it may modify or affirm the Notice and Order made by
the Code Conformance Officer. If the City Council does not find that a
public nuisance exists, it shall vacate the order of the Code Conformance
Officer, in which event the City Council need not make findings. In the event
that the City Council determined that a public nuisance exists and orders
the abatement thereof, the Code Conformance Officershall serve the Order of
Abatement, shall enforce the Order, may supervise the abatement of the
nuisance if he deems it necessary to do so, and may make such further orders
in furtherance of such order of abatement as he deems necessary under the
circumstances.
C
7.12.090
D. The cost of abatement, as confirmed, may be collected by the City
by any or all of the following or any other lawful means:
1. Recordation in the office of the County Recorder of a certified
copy of such resolution confirming such report so as to give notice of the
lien;
2. Civil action by the City;
3. Filing a certified copy of such resolution confirming such
report with the auditor of the County who shall enter the assessment on the
County Tax Roll opposite the subject property. The amount of the assessment
shall be collected at the time and in the manner of ordinary municipal taxes.
If delinquent, the amount is subject to the same penalties and procedures
of foreclosure and sale provided for ordinary municipal taxes. The legisla-
tive body may determine that in lieu of collecting the entire assessment at
the time and in the manner of ordinary municipal taxes, such assessment of
fifty dollars or more may be made in annual installments, in any event not
to exceed five hundred dollars and collected one installment at a time at
the times and in the manner of ordinary municipal taxes in successive years.
If any installment is delinquent, the amount thereof is subject to the same
penalties and procedure for foreclosure and sale provided for ordinary muni-
cipal taxes. The payment of assessments so deferred shall bear interest on
the unpaid balance at the rate of ten percent per year.
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CHAPTER 7.14
LITTER, DEBRIS, RUBBISH, ETC.
List of non -codified
cross-references:
NCMC Title 9, Health & Sanitation
Weed Abatement - Chapter 9.12
California Health and Safety Code
NOTE: Conflicting provisions in Chapter 9.16. and all of Section
9.16.040 will be repaaled because those provisions are
being transferred to Title 7.
Sections
7.14.010
7.14.020
7.14.030
7.14.040
7.14.050
7.14.060
7.14.070
7.14.080
7.14.09.0
7.14.100
7.14.110
7.14.120
Definitions
Effect of Weed Abatement Law
Effect of Chapters 7.10 and 7.12
Littering Prohibited
Required Removal of Litter from Sidewalks
Sweeping into Streets Prohibited
Disposal of Dead Animals
Dumping Certain Waste Materials into Sewers or
Storm Drains Prohibited
Public Litter Receptacles Required
Required Removal of Building Refuse
Responsibility for Litter Removal
Removal of Litter from Vacant Property
Abatement by City
C
7.14.010--7.14.040
7.14.010 Definitions.
"Litter" means garbage and rubbish as defined herein, and all other
loose material which, if thrown, deposited or allowed to accumulate as herein
prohibited, tends to create a danger to public health, safety and welfare,
and which is not within a receptacle provided therefore.
7.14.020 Effect of Weed Abatement Law. This chapter has no effect upon
and in no way modifies, waives or supercedes the provisions of the National
City weed abatement regulations as set forth in Chapter 9.12 of this Code.-
7.14.030 Effect of Chapters 7.10 and 7.12. This chapter is supplemen-
tal to Chapters 7.10 (Garbage and Refuse) and 7.12 (Accumulation of Junk)
of this code, adding provisions dealing with the careless and random scattering
of, rubbish and refuse. It does not, in any way, modify, waive or supercede
the requirements of those chapters.
7.14.040 Littering Prohibited.
A. General Prohibition. No person shall throw, deposit or accumulate
litter in or upon any public place or private premises as hereinbefore defined
within the City, except while such person is temporarily engaged in clearing
said public place or private premises of litter or improving said public
place or private premises.
B. Litter on streets prohibited. No person or persons shall leave,
discard, deposit, throw away or cause to be left, discarded, deposited or
thrown away, any container of any type material, waste, food paper, wood,
trash or any refuse upon any street, alley, gutter, sidewalk or parkway.
C. Deposit of sweepings upon street prohibited. It is unlawful for
any person, firm company or corporation to deposit upon any sidewalk or
street within the City any sweepings from any sidewalk, stairway or other
opening leading to the street or sidewalk. All such sweepings or materials
from any sidewalk or any other opening leading to the street or sidewalk within
the City shall be removed in a pan, shovel or other container and placed in
a receptacle for rubbish.
D. Littering parks prohibited. No person shall throw or deposit litter
in any park within the City except in public receptacles and in such a manner
that the litter will be prevented from being carried or deposited by the
elements upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be carried
away from the park by the person responsible for its presence and properly
disposed of elsewhere as provided herein.
E. Depositing litter on occupied private property prohibited. No
person shall throw or deposit litter on any occupied private property within
the City, whether owned by such person or not; except, that the owner or
person in control of private property may maintain authorized private
receptacles -for collection in such a manner that litter will be prevented from
being carried or deposited by the elements upon any street, sidewalk or
other public place or upon any private property.
F. Deposit of litter on vacant lots prohibited. No person shall throw
or deposit litter on any open or vacant private property within the City,
whether owned by such person or not.
G. Debris dropped from vehicles, prohibited on streets. No person
shall throw, deposit or drop, or cause to be thrown, deposited or dropped,
any dirt, debris, boulders, pebbles, hardpan, rock, glass or any material
whatsoever on any street in the City, or permit any dirt, debris, pebbles,
hardpan, rock, boulders, or glass to drop, roll or leak from any vehicle on
any street in the City. It is unlawful for any person to place upon the
7.14.040--7.14.080
surface of any street, alley or public place in the City any nails, broken
glass, sharp implements, crushed rock, or any other substance tending to
cause injury to the tires of vehicles passing along such street alley or
public place.
In event that such debris is deposited on any street in the City, the
Director of Public Works shall require the person responsible to immediately
remove the debris and clean the street right-of-way. In the event that the
City undertakes to effect such cleanup, the cost thereof shall be charged
to the person responsible.
H. Throwing litter from vehicles prohibited. No person, while a
driver or passenger in a vehicle, shall throw or deposit litter upon any
street or other public place. within the City, or upon private property.
I. Depositing litter in fountains, lakes, ocean, etc. No person shall
throw or deposit litter in any fountain, pond, lake, stream, ocean, bay or
any other body of water in a park or elsewhere within or partly within the
City.
J. Scattering waste paper, lunch remains, etc. To leave or scatter
about any boxes, empty or otherwise, waste paper,remains of lunches, news-
paper or rubbish of any kind, except that such material and matter may be
left and deposited in receptacles provided for such purpose.
K. Dropping litter from aircraft prohibited No person in an aircraft
shall throw out, drop or deposit within the City any litter, handbill or
any other object.
L. Every person operating tow vehicles on public streets or alleys
is responsible for the pickup and removal of all residue from vehicle
collision scenes, from which such operator is engaged in the removal of
damaged vehicles. Such pickup shall be done at the time of the vehicle
removal. .
7.14.050 Required removal of litter from sidewalks. It shall be the
duty of all owners and occupants of buildings in the City and the duty of all
owners of vacant lots in the City to keep the sidewalks adjacent to such
premises clean and free of any container of any type of material, waste, food,
paper, wood, trash, or any refuse; and all noxious weeds and vegetation; and
discarded chewing gum.
7.14.060 Disposal of dead animals. All provisions of this chapter
apply to the placement and removal of dead, diseased or injured animals.
See also, Title 8 of this Code.
7.14.070 Dumping into sewers or storms prohibited.
A. It is unlawful to place or divert storm water into any sewer.
B. It is unlawful to place any sewage or any other liquid or material
of any kind, except storm water, into a public or private storm drain.
7.14.080 Litter receptacles required.
A. In accordance with the provisions of the California Administrative
Code, litter receptacles meeting acceptable standards shall be placed in
public places including, but not limited to the following:
a. Drive-in restaurants and fast food outlets.
b. Gasoline service stations.
c. Shopping centers.
d. Grocery stores.
7.14.080--7.14.100
e. Boat launching and take-out areas,
f. Boat mooring and fueling stations.
g. Public piers.
h. Parks and campgrounds.
i. Beaches.
j. Outdoor parking lots which have the capacity of fifty or more
automobiles and which are contiguous to the public places listed herein.
k. Movie theaters and playhouses.
Litter receptacles shall be required to be in place at the above
locations only when said places are open to the public.
B. Receptacle standards. Standards for the design, marking and main-
tenance of litter receptacles shall be established by the Public Works
Director. All such receptacles shall be made with non-combustible materials
and shall have self -closing lids.
C. Property owner responsibility. The owner or person in control of
any private property shall at all times maintain the premises free of litter;
provided, however, that the storage of litter in authorized private recep-
tacles for collection is not prohibited.
D. Abuse or improper use of litter receptacles prohibited.
a. No person shall damage, deface, abuse, misuse or set a fire any
litter receptacle not owned by him so as to interfere with its proper function
or to detract from its proper appearance.
b. No person shall deposit leaves, clippings, pruning or gardening
refuse in any litter receptacle.
c. No person shall deposit household refuse or garbage in any 1 i tter
receptacle; provided that this subsection shall not be construed to mean that
waste food consumed on the premises at any public place may not be deposited
in litter receptacles.
E. Use of receptacles. Persons placing litter in authorized public or
private receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements onto any public place or private premises.
7.14.090 Removal of building refuse. All owners, contractors and
builders of structures shall, upon the completion of any such structure,
gather up and haul away, at their sole cost and expense, all refuse of every
nature, description or kind, which has resulted from the building of such
structure,including all lumber scraps, shingles, plaster, brick, stone,
concrete and other building material, and shall place the lot and all nearby
premises utilized in such construction in a clean and sanitary condition.
7.14.100 Responsibility for litter removal.
A. The owner or person in control of any private property shall at all
times maintain the premises free of litter; provided, that this section shall
not prohibit the storage of litter in authorized private receptacles for
collection.
B. Owners of premises - maintaining adjacent public place free of litter.
Persons owning or occupying private premises within the City shall keep the
public place abutting or adjacent to said premises free of litter, except
while such person is temporarily engaged in clearing the public place and
adjacent private premises of litter or improving said public place or private
premises. No person owning, occupying, or controlling private premises shall
sweep into or deposit in any public place within the City the accumulation
of litter from any private premises or public place.
C
7.14.100--7.14.120
C. Owner or occupant responsibility to maintain sanitary premises.
Every owner, tenant, occupant or person owning or having the care and control
of any premises in the City shall keep said premises or those under his care
and control in a clean sanitary condition and no person shall permit any
garbage, rubbish, or any other substance which may be or will become offen-
sive to be deposited or to remain in or upon any premises owned or occupied
by him or under his care and control except as otherwise provided by law.
It shall be the responsibility of such person to provide for collection and
disposal of the contents of litter receptacles personally or by means of the
services of the contract agent or the City.
No person shall cause or permit rubbish to accumulate at any place or
premises under his charge or control for a period in excess of one calendar
week.
7.14.110 Removal of litter from vacant or unoccupied property.
A. It is the responsibility of the respective property owner(s) to pre-
vent, control and remove litter from all vacant or unoccupied property.
Being a non-resident property owner in no way relieves such responsibility.
7.14.120 Abatement by City. The abatement of litter is subject to
all the provisions of Section 7.12.090.
CHAPTER 7.16
GRAFFITI CONTROL
Non -codified list of
cross-references:
Graffiti Control Guidelines Appendix to the National City Land Use Code
Sections
7.16.010
7.16.020
7.16.030
7.16.040
7.16.050
Definitions
Prohibited Acts
Retroactive Requirements
Obscene Displays
Site Plan Review
7.16.010--7.16.050
7.16.010 Definitions. Whenever in this Chapter the follow-
ing terms are used, they shall be deemed and construed to have
the meaning ascribed to such respective terms in this Section.
A. "Graffito (pl. graffiti)". An inscription or drawing
made on a rock or wall. Commonly referred to as "street art".
Not to be confused with "mural -type signs" controlled by the City
Sign Code (NCMC Chapter 18.62).
B. "Deface" shall mean but not be limited to the application
of graffiti to any exterior surface of any building, structure
or immobile object.
7.16.020 Prohibited Acts.
A. It is unlawful for any person to intentionally deface,
alter, change, destroy, mutilate, remove, take down or take away
any public property, or any private property without the consent
of the owner of such private property. A mistake as to the private
property owner's identity shall not be a defense to a violation
of this Section.
B. It is unlawful for any person to apply graffiti to any
exterior surface of any building, structure, portable structure,
bus bench, telephone booth or similar facilities. Any person
found in violation of this Section shall be responsible for all
costs associated with removing the graffiti.
C. The owner or person in charge of property whereupon graf-
fiti is applied is responsible for its removal. Failure of such
person to remove graffiti, regulated hereunder, is a violation.
7.16.030 Retroactive Requirements. Graffiti that would
otherwise be in violation of this Chapter on the date of adoption
shall enjoy lawful non -conforming use status for a period of 90
days. Thereafter the provisions of Section 7.16.020(C) shall apply.
7.16.040 Obscene displays. Nothing in this Chapter waives,
modifies or supercedes the provisions of NCMC Chapter 10.34 (Ob-
scene matter).
7.16.050 Site Plan Review. The provisions of Section 18.128.
040-A-8 shall be construed to include the requirement that reason-
able design provisions have been incorporated into development
plans to provide protection from and discouragement of graffiti
application pursuant to the "Graffiti Control Guidelines" in the Land
Use Code.
Chanter 7.18
ON -STREET ACTIVITIES
Non -codified list of
cross-references:
Chapters 11.32 and 11.40
Sections:
7.18.010
7.18.020
7.18.030
7.18.040
7.18.050
7.18.060
7.18.070
7.18.080
7.18.090
7.18.100
7.18.110
7.18.120
7.18.130
7.18.140
Definitions
Parked Vehicles Overhanging Sidewalks or Parkways
Parking Within Street Parkways
Obstacles on Public Property, Public Sidewalks
or Parkways
Placing Trash on Streets or Alley
Mud Tracked onto Streets
Repairing Vehicles on Streets
Bus Benches
Itinerant Vendors
Soliciting on Sidewalks
Vehicles used as advertising displays.
Sidewalk and Parkway Maintenance Required
Climbing or Jumping Curbs Prohibited
Transport and Storage of Hazardous Materials
7.13.C10--7.13.CC0
7.18.010 refinitiors. A. Itinerant merchant: As used in this Chapter,
s'rall ::man any person who engages in a terucrary business in the rear. ar
descr;d j Section 11.32.150 or "sidewalk solicitors" as regulated by
Section 7.18.100.
3. Unimproved sidewalk: As used in this Title reaps any
portion on of a public street parkway between the edge of- roadway
`_..
and property line, wherein there is no improved sidewalk,which
is used as a walkway by pedestrians. Such unimproved sidewalks
are public sidewalks.
.18 .0 20 Parked Vehicles Over hanging Public Sidewalks
or Street parkways.
A. It is unlawful for any person to park, or otherwise
leave unattended, any vehicle in such a manner that any part
of that vehicle overhangs onto a public sidewalk, or onto
any street parkway, or onto the space between the property
line and the curb or edge of roadway where there is no curb.
B. Any vehicle parked or left unattended in violation
of this section will be towed away and impounded by the. Police
Department at the owner's expenye in the ranner provided for by Cal f c rnia
Vehicle Code Section 22654, et seq.
7 .18 .030 Vehicles Parked Ucon Parkways prohibited.
A. No vehicle shall be parkea or left unattended within
or upon a public street parkway, as that term is defined in
Section 11.04.120 of this Code.
B. Any vehicle parked or left unattended in violation
of this Section will be towed away and impounded by the Police Ce-
partma at the owner's expense in the r►anre.r prcvi er'. for by Californ 1 a
Vehicle Code Section 22654, et seq.
7.18.040 Obstacles on Public P rocerty, Public Sidewalks
or Parkways.
A. It is unlawful for any person to place any obstacle,
sign, placard, exhibit, display or other item on a public
sidewalk or street parkway without having specific written
permission by the City Council to do so. This does not
apply to garbage and refuse receptacles placed upon sidewalks
for collection as provided for in Chapter 7.10.
B. All obstacles improperly placed upon public property,
public sidewalk or street parkway will be surnmarily..removed
by the Public Works Director and disposed of.
C. See NC:•'_C 10.50.010.
7.18.050 Placing of Trash, Building Materials or Obstacles
Upon_ Streets and Alleys prohibited.
A. It is unlawful for any person to place or allow to
be placed any trash, building materials or obstacles of any
kind,• except as provided for by the California Vehicle Code,
upon Public streets or alleys.
B. Any such materials or obstacles shall be summarily
removed by the Public Works Director and disposed of. The
actual cost of removal of any such materials or obstacles
and restoration of any damaged roadway attributed to such
placement will be paid by the violator.
7.18.0 6 0 Trackinr- Litter or '4 ud Onto Streets or Alleys
P rch b=ced.
7.18.C60--7.18.090
No person shall drive or move any truck or 'other vehicle within
the City unless such vehicle is so constructed or loaded as to prevent
any load, contents of litter from being blown or deposited upon any
street, alley or other public place. Nor shall any person drive or
move any vehicle or truck within the City, the wheels or tires of which
carry onto or deposit on any street, alley or other public place, mud,
dirt, sticky substance, litter or foreign matter of any kind.
7.18.070 Repairing or Washing Cars on Public Streets Prohibited.
A. Except for emergency repairs necessary to move a disabled ve-
hicle off the street, it is unlawful for any person to perform vehicle
repairs on public streets or alleys.
B. It is unlawful to wash vehicles on public streets with any
material or liquid other than potable water or potable water combined
with common soap or detergent.
C. Vehicles being repaired on public streets in violation of this
Section or vehicles from which engines, drive lines or suspension sys-
tems have been removed shall be towed away and impounded by the Police
Department after a reasonable attempt has been made to notify the owner.
(See California Vehicle Code Chapter 10, for procedures)
7.18.080 Bus Benches.
A. No bus bench shall be placed on any public street right-of-way
or on any public property without specific written permission by the
City Engineer.
B. All advertising displays and messages placed upon bus benches
on public streets or public property shall be subject to approval by the
Director of Planning. The Director of Planning may order the removal of such
displays or messages whenever they are found to be inconsistent with
public policy.
C. No bus bench shall be allowed to fall into a state of disrepair.
D. Bus benches found by the Director of Planning to be inappropri-
ate, pursuant to the preceding subsections A, B and C will be removed
by the Public Works Director and disposed of.
E. Bus benches placed on private property shall not have any sort
of advertising message placed thereon, except non-commercial messages
of public interest such as directing attention to bona fide charitable
organizations and non-profit organization activities.
7.18.090 Itinerant Merchants.
The provisions of Section 11.32.150 are incorporated in this Title,
by reference, to provide for enforcement authority pursuant to Chapter
7.32. (See also 7.20.070).
7.18.100--7.18.140
7.18.100 Soliciting on Public Sidewalks. Obstructing or
following persons for purposes of soliciting. No person shall
solicit custom or patronage upon any street or sidewalk in a loud,
noisy or boisterous tone of voice or manner, or cry out or lay
hands upon the person or baggage of any person without the express
consent of such person, or obstruct the movement of any person
or follow any person for the purpose of soliciting custom or pat-
ronage. Whenever any person has clearly indicated to such a soli-
citor that they do not want to be solicited, the solicitor shall
immediately cease any and all interference and solicitation.
7.18.110 Vehicles Used as Advertising Displays.
A. It is unlawful for any person to park any vehicle whether
licensed or not, upon any public street or at any public place
when such vehicle has upon it, within it or attached to it any
sort of sign or advertising device that would in any way render
that vehicle inoperable under the provisions of the California
Vehicle Code; or which would threaten to divert the attention
of any vehicle operator on any adjacent roadway, or which would
limit the field of vision of any such operator or of any pedes-
trian.
Illuminated signs of any sort, animated displays, or message
boards on such vehicles are prohibited. Taxicab identification
and "for hire" signs are exempted.
B. The Police Department may seize and impound any vehicles
found to be in violation of this Section. Such vehicle may be
held until the violation has been prosecuted.
7.18.120 Sidewalk and Parkway Maintenance Required.
A. See NCMC 13.04.280.
B. The provisions of Section 13.04.280 also apply to the
entire width of the parkway, whether or not a sidewalk is located
therein.
7.18.130 Climbing or Jumping Curbs Prohibited.
A. It is unlawful for any person to operate any vehicle
to or from a public way onto private property at any place other
than approved driveways. "Climbing" or "jumping" concrete curbs
or asphalt berms where there is no driveway is prohibited.
B. Temporary access over curbs may be allowed by the Public
Works Director or City Engineer during the course of construction
on the site which will include construction of driveway approaches,
subject to the protective devices and other limits he determines
to be necessary.
7.18.140 Transport and Storage of Hazardous Materials.
(Reserved)
`on -codified list of
cross-references:
Sections:
7.20.010
7.20.020
7.20.030
7.20.040
7.2%050
7.20.060
7.20.070
7.20.080
7.20.090
7.20.100
7.20.110
7.20.120
7.20.130
7.20.140
7.20.150
Chapter 7.20
OUTDOOR ACTIVITIES
Definitions
Bill Posting
Charitable Organization Collection Stations
Graffiti Application
"Gray Water" Discharges onto Ground
Harbor Regulations
Itinerant Vendors, Peddlers and Solicitors
Residing or Camping in Recreational Vehicles
Shopping Carts
Off -Road Vehicles
Removal of Traffic Obstructions
Yard Sales
Vehicle Repairs on Residential Properties
Vehicle Storage or Parking on Landscaped Areas
or Within Certain Yards Prohibited.
Vehicles used for Outdoor Advertising
7.20.010--7.20.040
7.20.010 Definitions. Whenever in this chapter the following
terms are used, they shall be deemed and construed to have the meaning
ascribed to such respective terms in this section.
A. "Gray Water". Drain water that is -non -potable. Commonly
discharged from laundry tubs or machines, bathing facilities or"floor
drains''. Gray water contaminated with any sort of organic matter
is sewage.
B. "Outdoor" shall mean any activity, conducted anywhere in the
City, except those activities confined to completely enclosed buildings
as provided for in Titles 15 (Building & Safety) and 18 (Land Use Code).
7.20.020 Bill Posting.
See Chapter 7.26
7.20.030 Charitable organization collection stations.
A. Indoor or outdoor collection stations where discarded furniture,
clothing, appliances and other household items are left by donors for
collection by bona fide charitable organizations licensed by the City
are allowed in the commercial or industrial zones, subject to the ap-
proval of the City Council.
B. It shall be the responsibility of any such permittee and the
respective property owner(s) to maintain such collection stations in a
neat, tidy and sanitary manner at all times. Where they are unable to
achieve such compliance, the City Council may order discontinuance with-
out formal hearings.
C. Evidence of scattered trash, debris, residue, paper, cloth,
cans or litter attributed to the presence of a collection station and
the collection station itself are a public nuisance.
D. Where occurence of fires, mischief, tampering, or vandalism
has shown that such collection stations are attractive nuisances the City
Council may order discontinuance forthwith.
E. The name of the sponsoring organization and their telephone
number shall be legibly posted on all bins, receptacles or containers
of any kind used at such collection stations. Any receptacles or containers
that are not posted will be considered as being unlawful accumulations
of junk pursuant to Chapter 7.12.
F. It is unlawful to place or to encourage the placement. of such
collection stations on public street right-of-way or any other public
property.
G. Whenever it is shown that such collecting stations attract
discarded materials that are not or cannot be inserted in bins, the
City Council may order their removal.
7.20-040 Applying Graffiti.
See Chapter 7.16
7.20.050--7.20.090
7.20.050 Discharges of Water onto Ground or into Storm
Drains Prohibited. It is unlawful for any person to discharge
water from swimming pools, sinks, washtubs or basins, washing
machines or any other cleaning device or from any source anywhere
except into an acceptable sewer system.
7.20.060 Harbor Regulations. See Chapter 9.34. The provi-
sions of Chapter 7.32 of this title do not preclude or pre-empt
the responsibility of the San Diego Unified Port District to en-
force Harbor regulations.
7.20.070 Itinerant Vendors, Peddlers and Solicitors.
A. It is unlawful for any person engaged in activity as
an itinerant vendor, peddler or solicitor to enter upon private
property, while so engaged, where such property is distinctly
posted "no peddlers", "no solicitors" or similar words.
B. The unauthorized presence of such persons in violation
of this Section is cause for the City Treasurer to immediately
revoke applicable business licenses or solicitation permits held
by that person.
C. It is unlawful for any itinerant peddler to sell or offer
to sell any merchandise or service outdoors on private property
without the property owner's written permission or, to conduct
such activities in anyway that would violate the provisions of
Title 18 (Zoning) of this Code. Except as provided by Section
11.32.150, the sale of any item from vehicles parked outdoors
is explicitly forbidden. Any such vehicle used for sale or display
of any item will be impounded by the Police Department and may
be held in storage until the violation has been prosecuted.
7.20.080 Residing or Camping in Recreational Vehicles.
A. It is unlawful to maintain residence in a recreational
vehicle, trailer, camper, mobile home or any other vehicle anywhere
in the City except in authorized mobilehouse parks and campgrounds.
B. For the purpose of this Section,"residence" includes
camping and all types of temporary occupancies for living or sleep-
ing purposes.
C. It is unlawful to, in any manner, attach any such vehicle
to public or private utility systems providing electricity, gas,
water or sewers or telephones except in authorized mobilehome
parks and campgrounds.
7.20.090 Shopping Carts. "Shopping carts" are those devices
typically provided by grocery stores and other retail establish-
ments for customer use in those stores, and on the adjoining park-
ing lots.
7.20. 090--7.20.110
A. It is unlawful for any person to remove any shopping
cart from the immediate premises where it has been made available
without specific permission of the owner/proprietor of each such
cart.
B. It is also unlawful, as a separate offense, -to abandon
any shopping cart that has been removed from the premises where
it was made available, whether with or without specific permission
to remove it.
C. Persons engaged in the service business of retrieving
abandoned shopping carts must maintain a valid business license.
Such license may be revoked upon recommendation of the Chief of
Police where it has been found that it is no longer in the public
interest or where the licensee has disobeyed any law relating
to that service.
D. It is unlawful to engage in shopping cart retrieval ser-
vices without possessing a valid National City business license
therefore.
7.20.100 Off -road Vehicles. It is unlawful for any person
to operate an off -road vehicle, as that term is described in the
California Vehicle Code, or any motorcycle, automobile, recrea-
tional vehicle (RV), or trucks for recreational purposes on any
unimproved public or private property in the City.
Notice of this regulation may be given by placing appropriate
signs on the property or by verbal order of a Police Officer or
Code Conformance Officer.
When an individual has been given such verbal notice and
anytime thereafter is found to be violating that order, the offend-
ing vehicle may be seized and impounded by the City until the
violation is prosecuted. Impound costs shall be borne by the
owner of the vehicle or his designee.
7.20.110 Removal of Traffic Obstructions.
A. The City Traffic Safety Committee shall investigate condi-
tions reported by the Police Department or City Engineer wherein
there is a serious or potentially serious traffic hazard condition
caused by obscured vision at street and alley intersections, drive-
ways or sidewalks. For the purposes of this Section "obscured
vision" means any landscaping, fence, lawn ornament, sign, appa-
ratus or containment other than a building, that occupies the
visual field of drivers on public streets in such a way that usual
capability or control of vehicles is inhibited. The standards
adopted by the California Department of Transportation (Caltrans)
and the California Highway Patrol (CHP) shall be used in making
findings of hazard.
7.20.110--7.20.140
That committee shall, where appropriate, submit a report and
recommendation to the City Council for corrective action.
The City Council may, after conducting a public hearing
thereon, make a finding that a traffic hazard exists and that the
contributing view obscuring conditions are a public nuisance.
An order by the City Council to abate such a public nuisance
and the abatement shall follow the procedures set forth in Section
7.12.090.
B. This Section is not subject to any "grandfather
privilege" that might be raised on the grounds that the subject
traffic hazard pre -dates the adoption of this regulation or that
the condition has existed for an extended length of time, with or
without knowledge of City traffic officials, or others.
7.20.120 Yard Sales.
A. All "yard sales" in the City are subject to compliance
with Ordinance No. 1250 as may be amended and with Title 18
(Land Use). The provisions of said Ordinance are incorporated
herein by reference for the purpose of enforcement pursuant to
Chapter 7.32.
B. Such yard sales shall not be conducted on public streets
or alleys, parkways or sidewalks.
7.20.130 Vehicle Repairs on Residential Properties.
A. Notwithstanding the provisions of Title 18 (Land Use
Code), it is unlawful for any person to repair any vehicle in or
upon any property primarily used for residential purposes except
a personal vehicle used for transportation by the resident of
that property and registered to a member of the family residing
there.
B. The vehicle repairs named above shall not be conducted on
landscaped or unimproved ground areas.
C. No liquids other than potable water or potable water combined
with common soap or detergent shall be allowed to drain onto a public
street.
7.20:140 Vehicle Storage or Parking on Landscaped Areas or
Within Certain Yards Prohibited.
A. Notwithstanding the provisions of Title 18 (Land Use
Code), it is unlawful for any person to park, repair, store or
wash any vehicle within or upon any landscaped area on any public
or private property.
7.20.140---7.20.150
B. Parking prohibited on portions of private property. No
vehicle may be parked within the front yard setback or exterior
side yard setback areas or the parkway area of the public right -of
-way except in approved, designated and paved parking spaces or
driveways.
C. Parked vehicles declared nuisance. The City Council
does declare the parking of such vehicles named in this Section
to be a public nuisance and any vehicle so parked in the areas
prohibited by this Chapter shall be deemed to be an abandoned vehicle
subject to the removal procedures set forth in NCIIC Chapter 10.80.
D. Citation of owners of vehicles parked in prohibited areas.
The Code Conformance Officer may cite the owner of a vehicle for
a violation of this Section provided, however, he shall first
place a warning upon the vehicle. Twenty-four hours after the
placement of such warning he may issue the citation by personal
service or by mail.
E. Vehicles not having current California registration or
not having valid license plates and stickers thereon or vehicles
that otherwise appear to be abandoned shall be deemed "abandoned
vehicles" subject to removal as provided by Chapter 11.48.
F. See 7.18.030.
7.20.150 Vehicles Used for Outdoor Advertising. The provi-
sions of Section 7.18.110 also apply to such vehicles parked out-
doors on private property in any location visible from any public
street, highway or alley.
Chapter 7.22
HOUSING CONDITIONS
Non-ccdified list of
cross-references:
Property Maintenance Provisions List Chapter 7.24
Sections:
7.22.010
7.22.020
7.22.030
7.22.040
7.22.050
7.22.060
Definitions
Uniform Housing Code
Occupant Loads
Temporary Activities Prohibited
Public Utilities Required
Retroactive Compliance Required
7.22.010--7.22.050
7.22.010 Definitions. "Housing" for the purposes of this
Chapter means any place used or occupied for a dwelling, habita-
tion, sleeping room or dormitory except permitted hotels, motels
and institutional places of residence.
7.22.020 Uniform Housing Code. The provisions of this
Chapter are supplementary to the adopted Uniform Housing Code
as it is set forth in Chapter 15.16. Nothing contained herein
is intended to lessen the provisions of that chapter or any appli-
cable housing regulation imposed by the State of California.
Nothing contained herein is meant or intended to make less
restrictive, or in any way lessen, the provisions of that chapter
or of any applicable housing regulations imposed by the State
of California.
7.22.030 Maximum Permitted Occupant Loads. The maximum
number of persons that may occupy a dwelling place is:
A. Boarding houses, group houses, rooming houses and resi-
dence hotels shall have minimum useable floor area in bedrooms,
of 250 square feet per resident person, and one full facility
bathroom for each sex and for each six residents. Except in hotels
and institution type buildings with central kitchen and dining
area, there shall be one kitchen and one separate dining room
for each twelve residents.
B. It is unlawful for any property owner or person respons-
ible for the use of such premises to allow premises to be used
in violation of this Section.
7.22.040 Temporary Activities Prohibited.
A. It is unlawful for any person to occupy, reside in or
sleep in any inoperative vehicle, in any building posted as "Un-
safe to Occupy", on any public sidewalk, street or parkway, garage,
backyard, or in any other place that is not a "dwelling" as defined
in Titles 15 and 18, except in a hotel, motel or institutional_
residence place.
7.22.050 Public Utilities Required.
A. All dwellings and places of residence. must be continuously
provided with public utilities including potable water, electri-
city, energy for hot water heaters and sewer services.
3. It is unlawful for any apartment house owner or tenant
to allow the occupancy of, or to occupy, such a residence that
is not being supplied with these public utilities.
C. All such residences shall be continuously provided with
garbage and refuse collection facilities and collection services.
This shall be the responsibility of the property owner or the
person in charge of the premises.
7.22.060
7.22.060 Retroactive Compliance Required. The provisions
of this Chapter that would be in violation on the date of adoption
shall enjoy lawful nonconforming use status for a period of one
year. Thereafter, they shall be in full force and effect for
all properties.
Chapter 7.24
AP RTM^.NT HOUSE AND CONDOMINIUM PROPERTY
Non -codified list of
cross-references:
Title 18 Summary - Chapter 7.22 / Appendi:: - Guidelines
Sections:
�•' NAG .MEr:T
7.24.010 Definitions
7.24.020 Apartment and Condominium House Planagerert
Required
7.24.030 Apartment House and Condominium Owners and
Tenants Responsibilities
7.24.020--7.24.020
7.24.020 Apartment House Management Required.
A. The owner of each multiple family dwelling complex of four or more
dwelling units on any site shall provide a resident or non-resident manager
who can be contacted by residents or by public agencies on any matter relating
to questions of lawful compliance with this Title or related building, zoning,
health, housing, fire prevention or penal laws. Such managers shall have
the responsibility of an authority for arranging for an achieving compliance
therewith.
B. The owner of each multiple family dwelling complex of nine or more
dwelling units on any site shall provide a resident manager. Such owners
shall also file .with the National City Department of'Building and Safety,
and address and telephone number of a responsible person having authority to
act, pursuant to Subsection A, in the absence of the resident manager.
The Director of Building and Safety shall distribute this infor-
mation to the Police and Fire Department and to the housing inspection
office in the San Diego County Health Department.
C. Resident owners may be managers.
D. The "Homeowners Association" of all residential condominium projects
shall designate a person or persons through whom public agencies may communi-
cate regarding the matters described in this section.
E. Failure to comply with any part of this section is a violation.
7.24.030 Owners and Tenants Responsibilities.
A. It is the responsibility of both the owners and tenants of apartment
house and condominium places to comply with the regulations mentioned in
this chapter. City will not arbitrate or distinguish between their interests
or private contractural relationships.
B. Owners and tenants are encouraged, but not required to agree to and
comply with their own "management guidelines".
C. It is unlawful for owners or managers to allow or permit the use of
their apartment house property(s) in any way that has been declared a public
nuisance by the City Council after a duly noticed public hearing. Such
public nuisance includes, but is not limited to;
1. Allowing housing facilities and conditions to remain in violation
of City Codes and Ordinances beyond time limits prescribed in notices issued
by City personnel.
2. Repeated and successive violations or inattention to notices.
3. A proliferation of incidents on the premises calling upon the
services of City's public safety or health departments.
D. The City Council may order the vacation of such premises found to
be a public nuisance, until required repairs or corrections have been made.
Chanter 7.26
VANDALISM AND SECVRITv
Possible future regulations to be considered;
Z. Damage caused by vandalism to public parks, buildings,
vehicles, streev trees, trash receptacles, etc.
Violators responsible for repairs.
2. Locks recuired at certain, types of occupancies.
3. "Burglar bars" on residential windows - design and
operation.
4. Burglar alarms regulations.
5. Yard lighting recuired in certain commercial and
industrial situcticrs.
6. Public access to dangerous equipment - prevention.
7. Applying graffiti pror.ib ited. Violators respers ;le
for removal.
8. City of Los Angeles tyre of graffiti removal oval regulations.
9. azners of stray dogs resronsib le for damage done by those
animals.
Z0. Tampering with coin. -operated devices.
ZZ. Loitering on public or private parking lots.
Z2. Teasing dogs.
Z3. Interfering with or annoying passengers at public transit
stops.
Z4. Digging caves or constructing shelters on private property
without owners permission.
CHAPTER 7.28
HANDBILLS AND BILLPOSTING
Non -codified list of
cross-references:
See NCMC Chapter 6.46
NOTE: It is proposed that the following be added to the present handbill
regulations in the NCMC.
Sections
1. Definitions
2. Handbills in Public Places
3. Handbills - On Vehicles
4. Handbills - Distribution on Posted Premises Prohibited.
5. Billposters - Permission of Owner Necessary Before Posting.
6. Billposters - Removal Required.
C
Section I
Section I. Definitions.
A. "Handbills" means any written or graphic message inscribed upon
any unattached paper, cloth, plastic or other material which is intended to
be handed to or received by the hands of any person.
B. "Bills", "billposters", "posters" or "notices" means handbills and arty
otherwritten or graphic materials, .placars, announcements, broadsides, signs,
advertisements, messages or similar announcements not otherwise regulated
by Title 18 (Land Use Code - Sign Regulations), placed outdoors for the
purpose of attracting public attention.
C. "Commercial handbill". Any printed or written matter, any sample
or device, dodger, circular, leaflet, pamphlet, paper, booklet or otherwise
reproduced original or copies of any matter of literature.
1. Which advertises for sale any merchandise, product, commodity,
or thing; or any services for hire.
2. Which directs attention to any business or mercantile or com-
mercial establishment or other activity for the purpose of either directly or
indirectly promoting the interest thereof by sales; or,
3. Which directs attention to or advertises any meeting, theatrical
performances, exhibition or event of any kind, for which an admission fee is
charged for the purpose of private gain or profit; but the terms of this
clause shall not apply where an admission fee is charged or a collection is
taken up for the purpose of defraying the expenses incident to such meeting,
theatrical performance, exhibition or event of any kind, when either of the
same is held, given or takes place in connection with the dissemination of
information which is not restricted under the ordinary rules of decency, good
morals, public peace, safety and good order; provided that nothing contained
in this clause shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition or event of any
kind without a license where such license is or may be required by any law
of this state, or under any provision of this code or other ordinance of this
City; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is distribu-
ted or circulated for advertising purposes, or for the private benefit and
gain of any person so engaged as advertiser or distributor.
4. "Political handbills" are not "Commercial handbills" unless they
contain an advertising message as described above.
D. "Non-commercial handbill." Any printed or written matter, any sample
or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper,
booklet or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforesaid definitions of a
commercial handbill or newspaper.
Chapter 7.28, Sections 2 - 6
Section 2. Handbills - In Public Places. No person shall
hand out or distribute or sell any commercial handbill in any
public place provided that it is not unlawful on any sidewalk,
street or other public place within the City for any person to
hand out or distribute without charge to the receiver thereof,
any noncommercial handbill to any person willing to accept it.
Section 3. Handbills - On Vehicles. No person shall throw
or deposit any commercial or noncommercial handbill in or upon
any vehicle provided that it is not unlawful in any public place
for a person to hand out or distribute without charge to the re-
ceiver thereof, a noncommercial handbill to any occupant of a
vehicle who is willing to accept it.
Section 4. Hndbills - Distribution on Posted Premises
Prohibited. No person shall throw, deposit or distribute any
commercial or noncommercial handbill upon any private premises if
requested by anyone thereon not to do so, or if there is placed
on such premises in a conspicuous position near the entrance
thereof a sign bearing the words "No Trespassing", "No Peddlers
or Agents", "No Advertisement", or any similar notice, indicating
in any manner that the occupants of the premises do not desire
to be molested or have their right of privacy disturbed or to
have any such handbills left upon such premises.
Section 5. Billposters - Restrictions. No person shall post,
stick, stamp, paint, place or otherwise affix or cause the same to
be done by another, any notice, placard, bill poster, or advertise-
ment to or upon any sidewalk, crosswalk, curbing, hydrant, shade
tree or tree box, telephone or electric lighting pole, motor
vehicle, trash receptacle, or public bench except as in conformance
with the zoning ordinance of the City.
Section 6. Removal Required.
A. All of the provisions of Chapter 7.16 apply to the posting
and required removal of bills and notices.
B. The cost of removal by the City of unlawfully placed
bills of notices upon any public property will be charged against
the principal person, firm or organization whose message is dis-
played thereon.
CHAPTER 7.30
MOSQUITO AND FLY BREEDING PLACES
Non -codified list of
cross-references:
See San Diego County Health Deaprtment regulations.
Sections
7.30.010 Deemed Nuisance
7.30.020 Abatement Authority
7.30.030 Violations
7.30.010 -- 7.30.030
7.30.010 Deemed Nuisance. Within the corporate limits
of the City, any breeding place of mosquitos or flies is a
public nuisance.
7.30.020 Abatement Authority. Such nuisance as declared
in the preceding section may ze abated by the health officer
of the City in any manner permitted by law or by any pro-
ceeding or remedy provided by law.
7.30.030 Violations. It is - unlawful for any
person to permit or maintain any nuisance as provided in
Section 7.30.010 within the corporate limits of the City.
. Each day during any portion of which any violation
is committed, continued or permitted shall be punishable
as provided in this code.
Non -codified list of
cross-references:
NCMC, Title I
Sections:
7.32.010
7.32.020
7.32.030
7.32.040
7.32.050
7.32.060
7.32.070
Chanter 7.32
ENFORCENENT
Definitions
Persons Charged with Enforcement Duties
Citations
Effect Upon other Titles
Options: Misdemeanors or Infractions
Civil Penalties
City Abatement
7.32.010--7.32.030
7.32.010 Definitions.
A. Code Conformance Officer: The person(s) named by the
City Manager to fill that position.
B. Citations mean "promises to appear in Court" of the type
and form used by the National City Police Department.
C. Enforcement means warnings, criminal prosecution, civil
relief and City abatement.
7.32.020 Persons Charged with Enforcement of this Title.
A. It is the responsibility of the Code Conformance Officer
to enforce all the provisions of Title 7 of the National City
Municipal Code. In addition, the City Manager may designate and
assign administrative responsibilities for enforcement activities
to any of the City's departments to fully utilize available man-
power, expertise and resources.
B. The Code Conformance Officer shall coordinate all Title
7 enforcement activities with all of the City's departments and
shall have authority to screen and to route and assign in -coming
complaints to those departments designated by the City Manager.
C. The Code Conformance Officer shall prepare and the City
Manager may establish administrative guidelines for Title 7 admini-
stration.
7.32.030 Citations.
A. The provisions of Section 1.28.010 are extended to include
the Code Conformance Officer.
B. The Code Conformance Officeris empowered to issue cita-
tions for any violation of any provision of this Title.
C. Whenever an offender refuses to sign a promise to appear
in Court (Citation) the Code Conformance Officer may refer the
matter to a sworn peace officer or to the City Attorney for action.
Citations may be served by certified mail. The Code Conformance
Officer will not make physical arrests.
D. The Code Conformance Officer at his own option, may use
various•"warning notices" in place of citations as the first offi-
cial demand made upon violators. Failure to comply with any such
notice will be cause for a citationor filing of a complaint in
the appropriate Court.
E. Each day that a violation continues will constitute a
separate offense.
F. Separate complaints may be filed on each count of any
violation of this Title.
7.32.040--7.32.070
7.32.040 Inspection Warrants. The Code Conformance Officer
is empowered to seek, obtain and employ Inspection Warrants issued
by the Court wherein necessity is clearly demonstrated in the
interest of protecting and preserving public health and safety.
Such warrants shall be limited to the jurisdiction of Title 7.
7.32.050 Effect upon other National City Municipal Code
Titles.
A. Nothing in this Chapter is superceded by any other enforce-
ment provision in this Code.
B. Where jurisdiction for regulation, enforcement or abate-
ment is found in more than one Title of this Code, the Code Confor-
mance Officer, pursuant to guidelines set forth by the City Manager
is authorized to refer apparent code violations to the appropriate
City Department(s) for action, pursuant to Section 7.32.0206.
It is clearly the intent of this Title and its administrative
guidelines to recognize the capabilities of the City's departments
to perform specialized services in their respective fields.
7.32.060 Violations - (Misdemeanors and Infractions. (Woblers)
A. It shall be unlawful for any person to violate any pro-
vision or fail to comply with any of the requirements of this
Title. A violation of any of the provisions or failing to comply
with any of the mandatory requirements of this Title shall con-
stitute a misdemeanor; except that notwithstanding any other pro-
vision of this Code, any such violation constituting a misdemeanor
under this Title may in the discretion of the Code Conformance
Officer be charged and prosecuted as an infraction; and, with
the further exception that any violation of the provisions of
this Title dealing with parking within public street rights -of -way
and alleys, operation of motor vehicles, use of highways and
streets by animals, vehicles or pedestrians, shall constitute
infractions.
Penalties for misdemeanors and infractions are prescribed
elsewhere in this Code.
B. The City Attorney may up -grade an infraction complaint
to become a misdemeanor complaint at any time.
7.32.070 Civil Penalties.
A. Whenever the enforcement person finds and determines
that violations would be appropriately classed as public nuisances,
he may initiate civil action to abate them.
B. The City Attorney may elect to proceed with civil proceed-
ings upon receiving support of the City Council.
C. Both criminal and civil proceedings may be pursued for
the same violation or circumstances.
7.32.080--7.32.100
7.32.080 City Abatement Proceedings. Whenever the provisions
of this Title provide for City abatement of public nuisances,
the Code Conformance Officer shall be the principal person charged
with the duty to pursue abatement and to supervise their accom-
plishment. All City departments and employees are required to
cooperate whenever the respective abatement regulations or related
codes name their City department. All agencies will cooperate.
7.32.090 Effect of Contracted Services. Wherein the City
contracts with or is pre-empted by other governmental agencies
for the administration and/or enforcement of regulations adopted
by City, such as health, housing, air pollution, mobile home parks
and sewage treatment, the Director of Building and Safety is the
City's liaison representative, under the direction of the City
Manager. The Code Conformance Officer is authorized to cooperate
with those agencies and to coordinate Title 7 enforcement activi-
ties with them. Referrals for service, where appropriate, may
be routinely made directly by the Code Conformance Officer. Noth-
ing in Title 7 abrogates those contracts.
Wherein the City contracts with public or private agencies
for the collection of garbage and refuse, the Director of Public
Works, under the direction of the City Manager is the City's liai-
son representative. The Codes Conformance Officer is authorized
to coordinate Title 7 enforcement activities directly with that
contractor(s). Nothing in Title 7 abrogates those contracts.
7.32.100 Appeals. When citations are issued or complaints
are filed pursuant to Section 7.32.030, the offender shall be
advised by any convenient means including oral statement of the
right to appeal the enforcement action to the Planning Commission.
Such appeals shall be in writing and shall be filed in the office
of the City Attorney within 72 hours (three working days) of the
time the citation or complaint is received by the offender. That
office will notify the Planning Commission, forthwith.
A timely appeal shall stay prosecution of the violation(s)
until the Planning Commission has acted upon the appeal pursuant
to Section 18.134.070 et seq.
The provisions of Chapters 7.06, 7.10, 7.16, 7.18, 7.20,
7.22, 7.26, and 7.30 are not subject to any appeal privilege.
When the Planning Commission determines, in considering ap-
peals, that the subject offense is a violation, prosecution of
that offense will thereafter proceed.
NOTE: Section 18.134.030 through 18.134.060 will be modified
to assign principal responsibility for enforcement of the Land
Use Code (Title 18) to the Code Conformance Officer, subject to
appeal to the Planning Commission.
18.134.030 Enforcement Agency. It is the responsibility
of the Code Conformance Officer to enforce all provisions of Title
18. The provisions of Chapter 7.32 for enforcement of Title 7
also apply to Chapter 18.
18.134.040 Referrals. The City Council, the Planning Commis-
sion and City staff persons may refer to the Code Conformance
Officer reports of apparent violations of Title 18. The Code
Conformance Officer will investigate such referrals and proceed
with appropriate enforcement action. The Code Conformance Officer
will also receive and respond to reports of offenses submitted
by the public.
Although it is clearly intended that the Code Conformance
Officer will give first priority to cases reported to him, he
will not withhold action on any enforcement matter that comes
to his attention.
18.134.050 Appeals. Citations or complaints issued by
or on behalf of the Code Conformance Officer, pursuant to this
Chapter, are subject to appeal in the manner set forth in Title
7.
Former Section 18.134.060 will be repealed.
PASSED and ADOPTED this 28th day of February, 1984.
ATTEST:
Passed and adopted by the Council of the City of National City, California,
on February 28, 1984 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
Camacho, Dalla, Van Deventer, Waters, Morgan
None
AUTHENTICATED BY:
None
None
KILE MORGAN
By:
Mayor of the City of National City, California
City Clerj( of the City of National tity, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on February 7, 1984
and on
February 28, 1984
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1812 of the City of National City, passed
and adopted by the Council of said City on February 28, 1984
(Seal)
City Clerk of the City of National City, California
By:
Deputy